Civil damages claims are legal actions that seek compensation for damages suffered due to another person's action or inaction. These damages may be material, such as loss of property or money, or immaterial, such as emotional pain or damaged reputation.
Types of Damages and Losses
There are different types of damages that can be claimed in civil matters. Some of the most common include:
– Material damage: This refers to the loss of material assets, such as vehicles, homes or any other type of property.
– Moral damages: These are those that affect the emotional integrity of a person, such as psychological suffering or damage to reputation.
– Consequential damages: These are the direct and specific damages suffered by the victim as a result of the illegal act.
– Loss of earnings: These are the earnings that the victim stopped receiving as a result of the illegal act.
It is important to note that in order to be able to claim compensation for damages in civil matters, there must be an unlawful act, damage suffered and a causal relationship between the two.
Procedure for Claiming Damages in Civil Matters
The procedure for claiming damages in civil proceedings may vary depending on the legislation of each country, but in general it follows a series of common steps:
1. Assessing the damages suffered: The first thing the victim must do is assess the damages suffered and gather all the necessary documentation to support their claim, such as medical reports, invoices, photographs, etc.
2. Notification to the person responsible: The victim must notify the person responsible for the damages of his or her intention to claim compensation and demand that he or she repair the damages.
3. Initiation of legal action: If the responsible party refuses to repair the damage or no agreement is reached, the victim can initiate legal action before the competent courts.
4. Hearing and decision: Once the legal action has been initiated, a hearing will be held in which both parties will present their arguments. Finally, the court will issue a decision determining whether or not compensation for damages is appropriate.
It is advisable to have the advice of a lawyer specialized in claims for damages in the civil field, such as Eva Alcalá Salmerón, who has extensive experience in this type of cases and can provide personalized legal advice for each situation.
Conclusion
Civil damages claims are an important legal tool to obtain compensation for harm suffered due to the action or omission of another person. It is essential to have the advice of a professional specialized in the matter to ensure that the rights of the victim are adequately defended. Eva Alcalá Salmerón is an expert lawyer in this type of cases and can provide the legal help necessary to obtain the compensation you deserve.
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